[cc-community] Germany - NC/CC violation - request for help

Peter Brink peter.brink at brinkdata.se
Tue May 27 14:24:23 EDT 2008


Robert Atwood skrev:
> Peter Brink wrote:
>> Robert Atwood skrev:
>>> Yuval Levy wrote:
>>>
>>>> yes, the SA work I did expect to be modified (and some of the people 
>>>> involved did really fun stuff with it). I do expect the 
>>>> modifications to be respectful of the original artwork. 
>>> You may expect all you want! The license does not require that. Since 
>>> the derivitive  must also  be -sa- then you could take the result and 
>>> make your own derivative by stenciling 'I think this is a 
>>> disrespectful   pile of crap' over it or something like that and 
>>> place it in some other exhibition.
>>>
>>
>> The CC licenses does not affect a copyright holders moral rights. 
>> Yuval is therefore quite correct when he expects respect for the 
>> artistic integrity of his works.
> 
> Ok -- a valid point, and I am not very familiar with that aspect, who 
> gets to decide whether it is 'respectful of the integrity' or not, if 
> blanket permission for derivative works has been given already? To be 
> ridiculous ... coudld I license something as cc-by-sa , but then  go 
> ahead and claim for every  derivative that I discover, that it is not 
> respectful, and prohibit it?


An authors ability to claim that a given derivative work infringes on 
his moral rights vary from jurisdiction to jurisdiction. Under Swedish 
law the key point is if a use of the work interferes with the general 
public's opinion of the authors reputation. It's somewhat like slander. 
An example from Swedish case law: a poster of an female artists work was 
posted next to a adult theatre, that usage was an infringement of the 
artists moral rights. The general public was at risk of connecting the 
artist with the contents of the films shown on the theatre, so the usage 
  was harmful to the artists artistic reputation.

/Peter Brink


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